Federal Court Decisions

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Date: 20030131

Docket: IMM-3279-01

Neutral citation: 2003 FCT 105

OTTAWA, ONTARIO, THIS 31st DAY OF JANUARY, 2003

PRESENT:      THE HONOURABLE MADAM JUSTICE HENEGHAN

BETWEEN:

                                                         RUKSHANA PATEL ADAM

                                                                                                                                                       Applicant

                                                                                 and

                             THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                                                                                   Respondent

                                               REASONS FOR ORDER AND ORDER

  •         Ms. Rukshana Patel Adam (the "Applicant") seeks judicial review of the decision of Visa Officer "Anne Joli-Coeur (the "Visa Officer"). In her decision, dated June 8, 2001, the Visa Officer refused the Applicant's application for permanent residence in Canada.

[2]                 The Applicant is a British citizen. In July 2000, she applied for permanent residence in Canada in the "independent" category. She described her intended occupation in Canada as an Accountant; this occupation is classified under the National Occupational Classification ("NOC") as NOC 1111.2.

[3]                 According to the materials submitted with her application, the Applicant holds a Bachelor of Commerce degree that she received in 1982, followed by a Diploma of Banking in 1983 and a Masters of Commerce degree in 1987, all from the Maharaja Sayajirao University of Baroda, India. She worked as an accountant in London, England from 1996 to 1999. She also worked as an accountant in New York City from 1999 to 2000, while in possession of a H-1B visa issued by the government of the United States.

[4]                 The Applicant has a sister living in Toronto, Ontario. In this regard, she provided proof of relationship but no proof of her sister's status in Canada.

[5]                 On June 5, 2001, the Applicant attended an interview in New York City. She was questioned by the Visa Officer about the courses she had taken in obtaining her degrees. She was also questioned about her experience as an accountant.


[6]                 By letter dated June 8, 2001, the Visa Officer refused the Applicant's application. The Visa Officer stated that she was not satisfied that the Applicant met the employment requirements set out in NOC 1111. She also said she was not satisfied that the Applicant had completed the education which she claimed. In the Visa Officer's opinion, the Applicant was not qualified to work as an accountant in Canada.

[7]                 The Applicant argues that the Visa Officer committed a reviewable error in her assessment of her experience or in her assessment of her education and training.

[8]                 The Visa Officer was not satisfied that the Applicant had completed the university studies for which she presented her degrees. In part, this finding is based upon the inability of the Applicant to speak knowledgeably about course studies she had followed in university or to provide information about her marks. The Visa Officer noted, as well, that the Applicant was unable to explain how she translated her asserted academic training into practical terms, for her work as an accountant. The Visa Officer recorded that the Applicant was unable to describe different depreciation systems and the Applicant was unable to explain the tasks she performed, as listed in her employment letter.

[9]                 In the Computerized Assisted Information Program System ("CAIPS") notes, the Visa Officer observed that the Applicant had completed certain studies in England which were equivalent to an "A" level, but not to a university degree.

[10]            The Visa Officer awarded 10 units for education on the basis that she was not satisfied that the Applicant had shown she was entitled to a higher award of units.


[11]            The assessment of education for a prospective immigrant in the "independent" category is governed by Schedule I of the Immigration Regulations, SOR78-172, as amended (the "Regulations"), specifically, in this case, factor 1, section (1)(b)(ii). The Visa Officer here was not satisfied that the Applicant was entitled to a higher assessment on the basis of the material before her, which material is contained in the certified Tribunal Record. That conclusion is reasonably supported by the evidence.

[12]            The Visa Officer also concluded that the Applicant had failed to show that she was entitled to any units of assessment for the occupational factor, that is factor 4 of Schedule I. Factor 4 provides as follows:

===========================================================

Column I                                                    Column II                                                                     Column III             

Factors                                                        Criteria                                                                         Maximum Units    

---------------------------------

4.           Occupational Factor                               (1) Units of assessment shall be awarded                          10

                 on the basis of employment opportunities

in Canada in the occupation

(a) for which the applicant meets the

employment requirements for Canada

as set out in the National Occupational

Classification;

(b) in which the applicant has performed

a substantial number of the main duties

as set out in the National Occupational

Classification, including the essential ones;

and

(c) that the applicant is prepared to follow

in Canada.

(2) The employment opportunities shall be


determined by taking into account labour market

activity on both an area and a national basis,

following consultation with the Department

of Human Resources Development, provincial

governments and any other relevant organizations

and institutions.

===========================================================

Colonne I                                                   Colonne II                                                                  Colonne III            

Facteurs                                    Critères                                                                        Nombre maximal

de points                

---------------------------------

4.             Facteur professionnel                           (1) Des points d'appréciation sont attribués en              10

fonction des possibilités d'emploi au Canada

dans la profession_:

a) à l'égard de laquelle le requérant

satisfait aux conditions d'accès, pour le

Canada, établies dans la Classification

nationale des professions;

b) pour laquelle le requérant a exercé un

nombre substantiel des fonctions principales

établies dans la Classification nationale des

professions, dont les fonctions essentielles;

c) que le requérant est prêt à exercer au

Canada.

(2) Ces possibilités sont déterminées en fonction

de l'activité sur le marché du travail aux niveaux

national et régional, après consultation du ministère

du Développement des ressources humaines, des

gouvernements provinciaux et de toute autre

organisation ou institution compétente.

[13]            The Visa Officer found that the Applicant was not qualified as an accountant and, further that she had not worked as an accountant. This finding is recorded in the CAIPS notes where the Visa Officer expressed her doubts that the Applicant had any experience as an accountant.


[14]            The Applicant relies on her employment in the United States as an accountant to support her claim for experience in the field. She presented a letter from her current employer in that country. The Visa Officer was not satisfied that the Applicant had met the employment requirements in the NOC, in regard to her experience and training.

[15]            On the basis of the material in the record, this conclusion of the Visa Officer is reasonable. Having regard to the high degree of deference owed to a visa officer's factual findings in relation to requirements of the NOC (see: Farooqui v. Canada (Minister of Citizenship and Immigration) (2000), 182 F.T.R. 306 and Shah v. Canada (Minister of Citizenship and Immigration), [2001] F.C.J. No.645 (T.D.) (QL)), I find no basis for reversing the Visa Officer's decision.

[16]            The application for judicial review is dismissed. Counsel advised that no question for certification arises.

                                                                            ORDER

The application for judicial review is dismissed. There is no question for certification arising.

                                                                                                                                               "E. Heneghan"

line

                                                                                                                                                          J.F.C.C.


                        FEDERAL COURT OF CANADA

             Names of Counsel and Solicitors of Record

DOCKET:                                              IMM-3279-01

STYLE OF CAUSE:              RUKSHANA PATEL ADAM

Applicant

- and -

THE MINISTER OF CITIZENSHIP AND

IMMIGRATION

Respondent

PLACE OF HEARING:                         TORONTO, ONTARIO

DATE OF HEARING:                           THURSDAY, JANUARY 23, 2003   

REASONS FOR ORDER BY:             HENEGHAN J.

DATED:                                                    FRIDAY, JANUARY 31, 2003

APPEARANCES BY:                              Mr. Irvin H. Sherman, Q.C.

For the Applicant

Ms Param-Preet Singh

For the Respondent

SOLICITORS OF RECORD:                 Martinello & Associates

                                                                      Barristers & Solicitors

Suite 208 - 255 Duncan Mill Road

Don Mills, Ontario

North York, Ontario

M3B 3H9

For the Applicant             

Morris Rosenberg

Deputy Attorney General of Canada

For the Respondent


FEDERAL COURT OF CANADA

                         Date:20030131

                Docket: IMM-3279-01

BETWEEN:

RUKSHANA PATEL ADAM

Applicant

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                  Respondent

                                                   

REASONS FOR ORDER

                                                   

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